Chapter 3 Multiple choice questions

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1. Match the Act of Parliament or judicial decision to the type of impact the European Convention on Human Rights had on UK law prior to the Human Rights Act 1998.

Interception of Communications Act 1987, replaced by the Regulation of Investigatory Powers Act 2000.

Restrictions on Convention rights, such as the right to have private life respected, had to be properly regulated by UK law and not left to the discretion of officials. Broad and general words in Acts of Parliament needed to be read down so that they could only authorise actions by officials that were compatible with the Convention (and similar rights recognised by common law). Under the influence of the Convention, the courts in the UK (particularly England) were prepared to identify equivalent fundamental rights as inherent in the common law. The UK was required to repeal or amend legislation that was incompatible with the Convention.

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Sexual Offences (Amendment) Act 2000.

The UK was required to repeal or amend legislation that was incompatible with the Convention. Broad and general words in Acts of Parliament needed to be read down so that they could only authorise actions by officials that were compatible with the Convention (and similar rights recognised by common law). Restrictions on Convention rights, such as the right to have private life respected, had to be properly regulated by UK law and not left to the discretion of officials. Under the influence of the Convention, the courts in the UK (particularly England) were prepared to identify equivalent fundamental rights as inherent in the common law.

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R (Simms) v Secretary of State for the Home Department [1999] 3 All ER 400.

The UK was required to repeal or amend legislation that was incompatible with the Convention. Restrictions on Convention rights, such as the right to have private life respected, had to be properly regulated by UK law and not left to the discretion of officials. Broad and general words in Acts of Parliament needed to be read down so that they could only authorise actions by officials that were compatible with the Convention (and similar rights recognised by common law). Under the influence of the Convention, the courts in the UK (particularly England) were prepared to identify equivalent fundamental rights as inherent in the common law.

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Derbyshire v Times Newspapers [1993] AC 534.

Broad and general words in Acts of Parliament needed to be read down so that they could only authorise actions by officials that were compatible with the Convention (and similar rights recognised by common law). Under the influence of the Convention, the courts in the UK (particularly England) were prepared to identify equivalent fundamental rights as inherent in the common law. The UK was required to repeal or amend legislation that was incompatible with the Convention. Restrictions on Convention rights, such as the right to have private life respected, had to be properly regulated by UK law and not left to the discretion of officials.

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2. In 1966, the United Kingdom, acting under what was then Article 25 of the Convention granted its population the right to ………. This then led, over the decades, to a number of adverse judgments from Strasbourg, which, in turn, led to important changes in UK law and administrative practice.

Your response

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3. Which of the following statements describe aspects of the influence of the Convention on UK law before the enactment and bringing into effect of the Human Rights Act? Please select all that apply.

Prior to the HRA 1998, the Convention only had an influence on UK law and administrative practice because of cases brought by individuals after 1966. correct incorrect

Prior to the HRA 1998, the Convention had a considerable influence on UK law by requiring matters that previously had been largely left to the discretion and reasonableness of the police, and other authorities, to be properly regulated under law. correct incorrect

Prior to the HRA 1998, the Convention only had a persuasive influence on the UK government. correct incorrect

Prior to the HRA 1998, the Convention only had a persuasive influence not only on the government but also on the way in which the courts in the UK interpreted statutes and developed the law. correct incorrect

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4. Match the legal provision with the legal principle it relates to.

Act of Parliament (Representation of the People Act 1918).

A case decided at the height of World War II, in which the courts accepted a wide, statutory, discretion enjoyed by the Home Secretary to intern foreigners. The right of most women over the age of 30 to vote. In previous case law, the courts had refused to give effect to this right through statutory interpretation. The ban on the use of cruel and unusual punishments by the authorities. The assertion by the judges that the government, including when exercising the Royal Prerogative, must abide by the law and that the courts, not the Crown, have the last word on what that law allows.

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Entick v Carrington 1765 19 Howell's State Trials 1030, 95 ER 807.

A case decided at the height of World War II, in which the courts accepted a wide, statutory, discretion enjoyed by the Home Secretary to intern foreigners. The assertion by the judges that the government, including when exercising the Royal Prerogative, must abide by the law and that the courts, not the Crown, have the last word on what that law allows. The ban on the use of cruel and unusual punishments by the authorities. The right of most women over the age of 30 to vote. In previous case law, the courts had refused to give effect to this right through statutory interpretation.

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The Bill of Rights 1688.

The assertion by the judges that the government, including when exercising the Royal Prerogative, must abide by the law and that the courts, not the Crown, have the last word on what that law allows. A case decided at the height of World War II, in which the courts accepted a wide, statutory, discretion enjoyed by the Home Secretary to intern foreigners. The right of most women over the age of 30 to vote. In previous case law, the courts had refused to give effect to this right through statutory interpretation. The ban on the use of cruel and unusual punishments by the authorities.

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Liversidge v Anderson [1942] AC 206.

The assertion by the judges that the government, including when exercising the Royal Prerogative, must abide by the law and that the courts, not the Crown, have the last word on what that law allows. The ban on the use of cruel and unusual punishments by the authorities. The right of most women over the age of 30 to vote. In previous case law, the courts had refused to give effect to this right through statutory interpretation. A case decided at the height of World War II, in which the courts accepted a wide, statutory, discretion enjoyed by the Home Secretary to intern foreigners.